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Archive April 11, 2019

Unilateral Mistakes Can Cancel a Contract in Full

A unilateral mistake in a contract can occur through errors in wording, legal concerns or facts that are in conflict within the document that can lead to a full cancellation between all parties involved in the situation. In these circumstances between client and customer, a cancellation is often the best way to progress forward.

The Unilateral Mistake

Most contract mistakes are because of errors made in the language that affect the relationship. These issues can stem from a single wrong word that invalidates a certain dealing or something that should be fact but is really speculation. The responsibilities of both parties should remain clear and narrow of purpose without vague or confusing wording. Mistakes in the contract that cause confusion can lead to difficulties and problems later. A unilateral mistake is also something that only one party suffers while the other does not share this issue and may not need to worry about it unless the contract cancels.

The One Party

Unilateral mistakes affect one party in the contract relationship because of problems with the subject matter of the document or provisions in the agreement. These mistakes are common, but many agreements may remain effective without noticing the mistakes until a later point. However, while one party usually holds the responsibilities to correct such issues or find them to amend the document, there are times when there is a mutual mistake that can invalidate the contract before the relationship even begins. It is important to have a lawyer look over the provisions and terms to help avoid these serious complications.

Unfair Advantage

When only one party shares the blame for the mistake made in the contract, it could lead to an imbalance of power between the two connected by the legal agreement. This is an unfair advantage that could affect business interactions seriously. If the contract started with this unilateral mistake and is the basis for the relationship between the two parties, it could lead to a contract remedy. These exist in contract rescission or reformation of the agreement. While the one side may want the advantage, it can end with a contract that is void rather than a continued association.

The Minute Details

Unilateral mistakes often are more minor and minute in the details and provisions rather than grand and apparent mistaken issues. One aspect could regard a word that has multiple meanings and that is left open …

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